A lease deed renewed periodically does not create either ownership or right to have a permanent lease in favour of the lessee. If the lessor refuses to renew the lease after the expiry of the term the tenant will have to vacate the property, failing which the landlord can file a suit for eviction against him.
Rental agreement
A person who is residing for more than 5 years in the same place and he didnt registered the rental agreement,but every 11 months he renewed the agreement,whether that un registered document is considered as a evidence for permanent residency
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
Hello,
1) As long as there is a rental Agreement in place, regardless of whether it is registered or otherwise the place of his residence can not be considered a place of permanent residence and hence the document does not have the validity of a proof of permanent residency.
2) Legally there is no right being created in favour of the rent payer on the basis of his stay there for 5 years as far as the rental agreement is renewed year after year.
1) person is mere licencee of the house
2) he has taken premises on rent and agreement has been renewed every 11 months
3) even if agreement is not registered it is admissible in evidence
4) it is not evidence of permanent residency
1. A tenant can never claim hostile title agaisnt the landlord nor can become permanent resident.
2. In the words of law- a tenant is always a tenant.
3. So the tenant can reside in the tenanted premises as long as the court has not passed an order of eviction in a suit filed by landlord for enactment of tenant.
if rental amount is more than 100 it should be registered but it is relevant evidence to show existence of tenancy from the period mentioned. so it is admissible in evidence for permanent residency. its registration is optional but not mandatory in section 17 of registration act.
A person who is residing for more than 5 years in the same place and he didnt registered the rental agreement,but every 11 months he renewed the agreement,whether that un registered document is considered as a evidence for permanent residency
It is always better to have a registered document in respect of long terms of rent or lease agreement. No doubt the situation will be advantageous. But some times if he is refusing to vacate then it will become problem for you.
